Trends in Electronic Discovery

Sherpa Software recently co-sponsored a webinar with Osterman Research and other vendors entitled What You Need to Know About E-Discovery for 2010. Several interesting trends in the world of e-discovery and compliance were highlighted by the panel:

1. Requirements for production of Electronically Stored Data (ESI) continues to expand beyond email. While email remains the most requested electronic data, a trend for more expansive requests has been apparent for some time. The onus is on organizations involved in litigation to incorporate all forms of ESI in their e-discovery compliance planning. This includes, but is not limited to, instant messages, voice mail, social media and even cloud based systems.

2. Increased use of in-house processing to reduce costs. More organizations are using internal talent and software to handle critical steps in the e-discovery process. This process, often called ‘In-Sourcing,’ is gaining momentum as cost pressures build and e-discovery solutions become more easily accessible in terms of price and ease of use.

3. Emphasis on cooperation. This trend highlights two main areas. First, coordination is required internally between IT and legal staff as well as between stake holders when developing compliance and email policy and processes. In addition, the Federal Rules of Civil Procedure spell out the need for cooperation in the ‘Meet and Confer’ requirements. Following on this, case law and best practices are spotlighting the need for opposing parties to cordially communicate.

4. Exchange 2010 is not the answer for everyone. In addressing audience questions about Exchange 2010, panelists noted that the native e-discovery solutions in Exchange 2010 were vastly improved. However, they pointed out a number of caveats to be aware of when developing a plan for data stored in Exchange 2010 systems.

5. Fundamentals remain relevant. Make sure e-discovery plans are defendable, auditable, repeatable and enforceable. Keep the processes up to date with any new technology as it is implemented. Lastly, don’t forget to maintain a flow of communication between all parties, especially legal and IT.

For further detail, register to view the recorded webinar at

http://www.ostermanresearch.com/webinar_2010JAN28o01.htm. For information on how Discovery Attender addresses these trends, check out www.sherpasoftware.com.

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